"Judges who take the law into their own hands, who make up constitutional 'rights' in order to strike down laws they oppose, undermine the people's right to have their values shape public policy and define the culture"
About this Quote
The quote by Orrin Hatch addresses a critical issue about the function of judges in analyzing and applying the law. Hatch criticizes judges who exceed their standard role of translating existing laws and rather develop brand-new civil liberties to reverse laws that they personally disagree with. This action, he argues, weakens democratic principles and the right of the people to have their collective worths shown in public law and societal norms.
Interpretively, Hatch is highlighting the fundamental principle of judicial restraint, the concept that judges ought to carefully follow the text of the Constitution and the intent of lawmakers instead of instilling their personal beliefs into legal choices. By "taking the law into their own hands", judges are seen as violating their borders, moving from interpretation to activism, efficiently legislating from the bench. This not only challenges the separation of powers but also interrupts the democratic process in which elected officials, accountable to the general public, create laws based on the electorate's values.
Moreover, Hatch's referral to judges making up constitutional rights suggests an apprehension towards expansive interpretations of the Constitution that aren't clearly detailed within the file. When judges derive new rights, it can be perceived as bypassing the legislative procedure, disenfranchising voters whose values and chosen agents may not support such analyses.
Hatch's declaration underscores a stress in constitutional interpretation between strict constructionism or originalism, which holds that the Constitution ought to be comprehended as it was at the time of enactment, and more progressive techniques that view it as a living file that need to progress with societal changes. Eventually, the quote highlights an enduring argument about the balance in between judicial interpretation, enacted laws law, and popular sovereignty-- the power and impact of the people in forming the laws and cultural direction of their society.